Ita/172/2022 Of The Pr. Commisioner Of Income Tax v. M/S. Gmr Infrastructure Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5 DAY OF JULY, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON’BLE MR. JUSTICE C.M. POONACHA I.T.A.No. 172 of 2022 BETWEEN: 1. THE Pr. COMMISIONER OF INCOME TAX CENTRAL CIRCLE, C R BUILDING, QUEEN'S ROAD, BENGALURU-560001 2. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -2(2) C R BUILDING, QUEEN'S ROAD, BENGALURU-560001 ...APPELLANTS (BY SRI ARAVIND K.V., ADVOCATE) AND M/s. GMR INFRASTRUCTURE LTD., NO.25/1, SKIP HOUSE, MUSEUM ROAD, BENGALURU-560025 PAN AABCG 8889P (BY SRI BALRAM R RAO, ADVOCATE) …RESPONDENT THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 28/10/2020 PASSED IN ITA No.1427/BANG/2017, FOR THE ASSESSMENT YEAR 2008-2009 PRAYING TO ; i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 1427/BANG/2017 DATED 28/10/2020 FOR ASSESSMENT YEAR 2008-2009 ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU. iii) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS INCOME TAX APPEAL COMING ON FOR ADMISSION through physical hearing/video conferencing,THIS P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING: DAY JUDGMENT Sri K V Aravind, learned advocate appearing for the appellants, in his usual fairness, submits that the Tax Effect is less than Rs.1.00 Crore and hence, the appeal is not maintainable. 2. In view of the aforesaid submission and based on the Circular No.17/2019, dated 8[th] August, 2019 of Central Board of Direct Taxes, the appeal is not maintainable and the same is accordingly dismissed. Sd/- JUDGE Sd/- JUDGE mv